Incorporation By Reference In Wills

Wills on occasion mention another document in existence that the will maker wants to be given effect in the terms of the incorporation by reference in wills. Re Kellogg Estate 2013 BCSC 2292 pagraphs 74-79 discusses the law relating to incorporation by reference.   [74]     The… Read more

Conflict of Interest

Lawyers must at all times avoid any conflict of interest and be vigilante against it. Whenever a trust relationship exists, the common law imposes fiduciary (trust) duties on the person in the position of trust, i.e the trustee or fiduciary. The fiduciary’s duties are the… Read more

Lawyer Conflict of Interest

In McDonald v McDonald Estate 2013 BCSC 1732, an application was made to remove the solicitor for the defendant, on the basis that the lawyer for the defendant was in a conflict of interest. The court found that the defence counsel had acted for one… Read more

Conflict of Interest-Lawyers and Clients Doing Business

Basic principles of fiduciary law as well as various rules of professional conduct ,require a lawyer doing a business transaction with a client to always adhere to several rules in order to avoid a conflict of interest. These rules are: The lawyer should not enter… Read more

Gifts and Bequests to Client’s Lawyer Are Likely Conflict of Interest

  The Law Society of British Columbia recently added a prohibition against gifts and bequests to lawyers from their clients. This in the opinion of disinherited.com was long overdue. The issue becomes one of possible conflict of interest-in fact , there is more likely a conflict… Read more

Law Firm Removed For Conflict of Interest

In court proceedings involving the issues of the deceased’s mental capacity and capacity to marry, the Ontario supreme court in Assaly v Assaly 2012 CarswellOnt 5302,  the Ontario Supreme Court removed a law firm as the solicitors on record as a lawyer who had previously worked… Read more